PARTIES: This Deed of Trust is made on August 26, 2004 among, the Grantor, DONALD S SMITH AND JANET E SMITH, HUSBAND
<br />AND WIFE ( "Borrower "),
<br />AREND R BAACK, ATTORNEY, whose residence address is P. O. Box 790, Grand Island, Hall County, Nebraska ( "Trustee "), and the
<br />Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, a corporation organized and existing under the
<br />laws of NEBRASKA whose address is 221 SOUTH LOCUST STREET, GRAND ISLAND, NEBRASKA 68801 ( "Lender ").
<br />CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real property, of
<br />which Borrower is lawfully seized, described below and all buildings, fixtures, and existing and future improvements thereon and all rights -of-
<br />way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and any appurtenances thereunto belonging (all called the
<br />"property ").
<br />PROPERTY ADDRESS: 304 PHEASANT DRIVE, GRAND ISLAND, NE 68801
<br />LEGAL DESCRIPTION:
<br />LOT FOUR (4) HIDDEN LAKES SUBDIVISION NUMBER TWO (2) IN HALL COUNTY, NEBRASKA.
<br />Located in Hall County, Nebraska.
<br />TITLE: Borrower convenants and warrants title to the property, except for
<br />SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the convenants and agreements
<br />contained in this deed of trust and in any other document incorporated herein. Secured debt, as used in this deed of trust, includes any amounts
<br />Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust, and all modifications, extensions and
<br />renewals thereof.
<br />The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and the dates thereof.):
<br />A PROMISSORY NOTE AND SECURITY AGREEMENT DATED AUGUST 26, 2004
<br />Future advances: The above amount is secured even though all or part of it may not yet be advanced. Future advances are
<br />contemplated and will be secured to the same extent as if made on the date of this deed of trust is executed.
<br />❑ Revolving line of credit agreement dated , with initial annual interest rate of %
<br />All amounts owed under this agreement are secured even though all amounts may not yet be advanced. Future advances under
<br />the agreement are contemplated and will be secured to the same extent as if made on the date this deed of trust is executed.
<br />The above obligation is due and payable on SEPTEMBER 1, 2009 if not paid earlier.
<br />The total unpaid balance secured by this deed of trust at any one time shall not exceed a maximum principal amount of $ 295,000.00, plus
<br />interest, plus any amounts disbursed under the terms of this deed of trust to protect the security of this deed of trust or to perform any of the
<br />covenants contained in this deed of trust, with interest on such disbursements.
<br />❑ Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation.
<br />❑ A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and
<br />made a part hereof.
<br />RIDERS: ASSIGNMENT OF RENTS
<br />DESIGNATION OF HOMESTEAD
<br />Pursuant to the Farm Homestead Protection Act, designation of homestead iattached to this deed of trust and made a part hereof has
<br />❑ been disclaimed; the disclaimer is attached to this deed of trust and made a part hereof.
<br />GNATURES: signing below, Borrower agree to the terms and convenants contained in this deed of trust, including those on page
<br />2, and in any rider describe o si ned by Borrower.
<br />Cy�l -
<br />DONALD S SMITH Zr t SMITH
<br />ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS:
<br />The foregoing instrument was acknowledged before me on August 26, 2004
<br />By DONALD S SMITH AND JANET E SMITH, HUSBAND AND WIFE
<br />My commission expires:---
<br />GENERAL NOTARY • State Of Nebraska Notary Public)
<br />JACALYN A AYOUB
<br />My Comm. Exp. I.Zi
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<br />DEED OF TRUST
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<br />PARTIES: This Deed of Trust is made on August 26, 2004 among, the Grantor, DONALD S SMITH AND JANET E SMITH, HUSBAND
<br />AND WIFE ( "Borrower "),
<br />AREND R BAACK, ATTORNEY, whose residence address is P. O. Box 790, Grand Island, Hall County, Nebraska ( "Trustee "), and the
<br />Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, a corporation organized and existing under the
<br />laws of NEBRASKA whose address is 221 SOUTH LOCUST STREET, GRAND ISLAND, NEBRASKA 68801 ( "Lender ").
<br />CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real property, of
<br />which Borrower is lawfully seized, described below and all buildings, fixtures, and existing and future improvements thereon and all rights -of-
<br />way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and any appurtenances thereunto belonging (all called the
<br />"property ").
<br />PROPERTY ADDRESS: 304 PHEASANT DRIVE, GRAND ISLAND, NE 68801
<br />LEGAL DESCRIPTION:
<br />LOT FOUR (4) HIDDEN LAKES SUBDIVISION NUMBER TWO (2) IN HALL COUNTY, NEBRASKA.
<br />Located in Hall County, Nebraska.
<br />TITLE: Borrower convenants and warrants title to the property, except for
<br />SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the convenants and agreements
<br />contained in this deed of trust and in any other document incorporated herein. Secured debt, as used in this deed of trust, includes any amounts
<br />Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust, and all modifications, extensions and
<br />renewals thereof.
<br />The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and the dates thereof.):
<br />A PROMISSORY NOTE AND SECURITY AGREEMENT DATED AUGUST 26, 2004
<br />Future advances: The above amount is secured even though all or part of it may not yet be advanced. Future advances are
<br />contemplated and will be secured to the same extent as if made on the date of this deed of trust is executed.
<br />❑ Revolving line of credit agreement dated , with initial annual interest rate of %
<br />All amounts owed under this agreement are secured even though all amounts may not yet be advanced. Future advances under
<br />the agreement are contemplated and will be secured to the same extent as if made on the date this deed of trust is executed.
<br />The above obligation is due and payable on SEPTEMBER 1, 2009 if not paid earlier.
<br />The total unpaid balance secured by this deed of trust at any one time shall not exceed a maximum principal amount of $ 295,000.00, plus
<br />interest, plus any amounts disbursed under the terms of this deed of trust to protect the security of this deed of trust or to perform any of the
<br />covenants contained in this deed of trust, with interest on such disbursements.
<br />❑ Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation.
<br />❑ A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and
<br />made a part hereof.
<br />RIDERS: ASSIGNMENT OF RENTS
<br />DESIGNATION OF HOMESTEAD
<br />Pursuant to the Farm Homestead Protection Act, designation of homestead iattached to this deed of trust and made a part hereof has
<br />❑ been disclaimed; the disclaimer is attached to this deed of trust and made a part hereof.
<br />GNATURES: signing below, Borrower agree to the terms and convenants contained in this deed of trust, including those on page
<br />2, and in any rider describe o si ned by Borrower.
<br />Cy�l -
<br />DONALD S SMITH Zr t SMITH
<br />ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS:
<br />The foregoing instrument was acknowledged before me on August 26, 2004
<br />By DONALD S SMITH AND JANET E SMITH, HUSBAND AND WIFE
<br />My commission expires:---
<br />GENERAL NOTARY • State Of Nebraska Notary Public)
<br />JACALYN A AYOUB
<br />My Comm. Exp. I.Zi
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